Legal Question in Personal Injury in California

Re: Auto Accident - Liability

You would not automatically loose your home if you arranged a settlement above your policy limit. Keep in mind that your insurance company's attorney generally would only defend you up to your limits of your policy. If things are complicated, it may be necessary to hire your own personal attorney to handle the negotiations and details of any amounts of money above and beyond your policy limits.

You are free to make your own offer to the plaintiff for sums above your policy limit. This could be a lump sum payment or you could sign a Promissory Note to make monthly payments. Once a satisfactory settlement is reached, the plaintiff would sign a full and final release and dismiss his lawsuit against you so that the rest of your property would be protected.

If a settlement cannot be reached and the matter goes to trial and the plaintiff obtain a judgment against you over your policy limit, your real and personal property could be exposed to attachment. Has your insurance company already offered your policy limit in settlement of the case? If you propose an additional offer on your own, you may not have to prepare and divulge your entire financial statement and history.

I suggest you contact an attorney experienced in this area of law for at least an initial consultation concerning all of the ramifications of your case. Good Luck.

Sam M. Eagle

Attorney at Law

www.firms.findlaw.com/EagleLaw007

Re: Auto Accident - Liability

If he should probably consult with an attorney familiar with insurance litigation issues. There is a particular type of letter that you can write that may provide you more protection against having to pay a judgment in excess of your insurance policy. Hire a lawyer independent of the insurance company for the purpose of writing a letter demanding to the case be resolved within your policy limits.

Re: Auto Accident - Liability

It is not likely that you will lose your home if the matter is handled properly. Your insurance company owes you the duty of independant counsel (your own attorney for this part of the matter) known as "Cumis Counsel". Your insurance company's attorney, although defending you, is really the attorney for the insurance company. The insurance company's attorney is being paid by the insurance company, his/her continued employment is dependant upon the insurance company and he/she may even be a insurance company employee (rather than an employee of an independant law firm hired by the insurance company). That attorney has a vested interest in seeing to it that the insurance company is taken care of. Other than professional responsibility, the attorney doesn't have much allegence to you. Therefore, in situations like yours, it is, or, it may appear to be, a conflict of interest for the insurance company's attorney to advise you to pay money in excess of the policy limits of your insurance policy. Furthermore, an independant attorney, who is advising you only, and is not entangled in the insurance company's interests should be at your disposal.

Ask your present insurance company attorney for "Cumis Counsel" before providing any financial information to anyone. In my opinion, in this situation, it may be malpractice on the part of the insurance company attorney and "insurance bad faith" on the part of the insurance company, to not provide you with independant counsel at their expense.

I also suggest that you get yourself a free consultation with a bankruptcy attorney. Not to file bankruptcy, but to investigate what your rights and options are regarding keeping your home. If handled properly, your home, auto, furniture, furnishings, and a whole list of personal items and retirement benefits cannot be touched by the injured parties in the auto accident. Thus, my suggestion to speak to a bankruptcy attorney.

In the event that your auto insurance company does not provide you independant counsel (after your request, please make the request orally followed by a written confirmation of the request), most any experienced and well financed law firm that does insurance bad faith work would love to talk to you and look into your matter. If "Cumis Council" is not provided for you after a formal request, I would be VERY interested in consulting with you about your insurance company's bad faith handling of your matter. John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law. 800-956-0123.